Understanding the Waqf Bill 2025: Meaning, Impact, and Controversies

What Is a Waqf? Understanding the Concept

The term waqf originates from Islamic law and refers to an endowment—typically a parcel of land or property—that is dedicated permanently for religious or charitable purposes, such as mosques, schools, graveyards, or hospitals. Once a person (called a waqif) donates, the property becomes inalienable and is said to vest in God. Consequently, waqf assets cannot be sold, gifted, inherited, or mortgaged, and their stewardship is entrusted to a custodian known as the mutawalli. This legal and spiritual mechanism has ensured that thousands of religious and social institutions in India have long-term stability and community-based oversight.

The concept of waqf has historically played a significant role in supporting Muslim communities across the Indian subcontinent, especially in preserving religious and cultural institutions. However, the legal immunity granted to waqf properties has also led to increasing scrutiny. Critics point to cases where the absence of strict documentation or oversight has led to encroachments, illegal claims, and administrative misuse. In some instances, properties unrelated to any religious use have been controversially labeled as waqf through vague historical claims or the now-abolished principle of "waqf by user."

This tension between preservation and overreach has become one of the most hotly debated elements of the Waqf (Amendment) Act, 2025. In the upcoming sections, we explore how these concerns have translated into legal reforms, fierce opposition, and landmark court battles currently shaping the future of waqf governance in India.

Key Objectives of the Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025 marks a major overhaul aimed at strengthening and modernizing how waqf properties are managed in India. At its heart, the government frames it as a reform rooted in transparency, efficiency, inclusivity, and community welfare.

One of the most significant reforms is the digitisation and centralised registration of all waqf properties. Through a unified digital portal, state waqf boards and the Central Waqf Council will be able to accurately record and monitor assets, reducing opportunities for encroachment and misuse. This streamlined system is designed to bring real-time oversight and stronger financial discipline through regular audits and accounting safeguards.

Another major change is the abolition of "waqf by user." Previously, longstanding communal use could retroactively designate property as waqf—even without formal documentation. The new law removes this provision and also mandates that only individuals practicing Islam for at least five years, who legally own the property, can make waqf declarations. This aims to cycle out arbitrary or undocumented claims and simplify dispute resolution.

The Bill further attempts to bolster governance through broadened representation. It requires Muslim women, non-Muslim members, and delegates from historically underrepresented Muslim sects—such as Shia, Bohra, and Aga Khani communities—to be included on both state and central waqf boards. Specifically, two Muslim women and a limited number of non-Muslim professionals are to be appointed to ensure diverse oversight and reduce communal bias

Impact and Controversies Surrounding the Bill

At the heart of the Waqf (Amendment) Bill’s controversy lies the controversial doctrine of waqf by user—a principle that recognized properties as waqf if they had been used by a Muslim community for generations, even in the absence of formal endowment. Critics point out that this doctrine became a tool for retrospective land grabs, used opportunistically by boards. The 2025 Bill abolishes this doctrine, a move opponents say undermines traditional charitable giving and disenfranchises communities who can no longer assert claims based on longstanding use .

Another flashpoint involved the assertion of waqf status over heritage monuments: proposals claimed iconic structures like Humayun’s Tomb, parts of the Qutub Minar complex, and even the Taj Mahal as waqf properties—triggering legal battles and scathing rebukes from courts and heritage bodies .

One of the most symbolic cases involved a gurdwara in Delhi’s Shahdara area. The Supreme Court explicitly rejected the waqf board’s claim that historical usage alone could establish waqf rights over a Sikh shrine. The Court noted that the site had existed as a gurdwara since 1947, dismissing any claim of religious conversion via historical usage

Several high-value disputes have underscored how waqf governance in India sometimes overlaps with land rights, heritage, and communal tensions. Take the case of the Punjab village of Boran Khurd in Patiala. Locals allege that 37 acres of panchayat land—used for farming—were transferred to the state waqf board without the panchayat's consent, sparking community protests over transparency and process

Legal Challenges and Supreme Court Intervention

The Waqf (Amendment) Act, 2025 has triggered a wave of legal challenges, culminating in a high-stakes battle at the Supreme Court. Leading the legal opposition is MP Asaduddin Owaisi, backed by prominent lawyers like Kapil Sibal, Rajeev Dhavan, and Abhishek Singhvi. They argue that the Act infringes on fundamental constitutional rights—specifically the freedom of religion, religious institutions, and communal identity—citing Articles 25, 26, 15, and 29 

A central point of contention is the sudden abolition of the “waqf by user” principle, which historically allowed communities to claim certain properties as waqf through long-standing communal use. Petitions argue this undermines the right to religious endowments and unfairly disrupts centuries-old practices

In late May 2025, the Supreme Court reserved its interim orders after three days of intense hearings. The contested provisions include the power to de-notify waqf statuses, composition of waqf boards, and authority granted to district collectors to determine land ownership

Several states, including Kerala and Telangana, have put waqf board operations on hold pending the Supreme Court’s decision. Telangana’s government even sought legal advice on whether its current board could continue under the new law. Onlookers are closely watching as this case could redefine the balance between religious autonomy and state authority over charitable endowments once and for all.